SB5090: COVID-19 virus; Commissioner of Health shall make information available to public on a website.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to direct the Commissioner of Health to make certain COVID-19-related data available to the public.
[S 5090]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. § 1. For the duration of the emergency declared by the Governor pursuant to § 44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall make available to the public on a website maintained by the Department of Health information about confirmed cases of COVID-19 in the Commonwealth, by week and by health district, including (i) the total number of confirmed cases of COVID-19; (ii) the number of confirmed cases by age group and by race and ethnicity; and (iii) the percentage of cases that are known to be associated with a nursing home, assisted living facility, or correctional facility, provided that the release of such information does not violate the provisions of § 32.1-41 of the Code of Virginia.

§ 2. For the duration of the emergency declared by the Governor pursuant to § 44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall make available to the public on a website maintained by the Department of Health information about and analyses of data required to be made available to the public pursuant to § 1 to facilitate better understanding of such data.

§ 3. For the duration of the emergency declared by the Governor pursuant to § 44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall develop and make available to the public on a website maintained by the Department of Health COVID-19 indicators with thresholds to include case incidence rate, percentage of polymerase chain reaction (PCR) tests that are positive, rate of COVID-like illness visits to emergency departments, rate of current confirmed COVID-19 intensive care unit hospitalizations, and percentage of hospital beds that are currently occupied.


SENATE BILL NO. 5090
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Health, Welfare and Institutions
on September 17, 2020)
(Patron Prior to Substitute--Senator Dunnavant)
A BILL to direct the Commissioner of Health to make certain COVID-19-related data available to the public.

Be it enacted by the General Assembly of Virginia:

1. § 1. For the duration of the emergency declared by the Governor pursuant to §44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall make available to the public on a website maintained by the Department of Health information about confirmed cases of COVID-19 in the Commonwealth, by week and by health district, including (i) the total number of confirmed cases of COVID-19; (ii) the number of confirmed cases by age group and by race and ethnicity; and (iii) the percentage of cases that are known to be associated with a nursing home, assisted living facility, or correctional facility.

§ 2. For the duration of the emergency declared by the Governor pursuant to §44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall make available to the public on a website maintained by the Department of Health information about and analyses of data required to be made available to the public pursuant to § 1 to facilitate better understanding of such data.

§ 3. For the duration of the emergency declared by the Governor pursuant to §44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall develop and make available to the public on a website maintained by the Department of Health COVID-19 indicators with thresholds to include case incidence rate, percentage of polymerase chain reaction (PCR) tests that are positive, rate of COVID-like illness visits to emergency departments, rate of current confirmed COVID-19 intensive care unit hospitalizations, and percentage of hospital beds that are currently occupied.


SENATE BILL NO. 5090
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Senator Dunnavant
on August 26, 2020)
(Patron Prior to Substitute--Senator Dunnavant)
A BILL to direct the Commissioner of Health to make certain COVID-19-related data available to the public.

Be it enacted by the General Assembly of Virginia:

1. § 1. For the duration of the emergency declared by the Governor pursuant to §44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall make available to the public on a website maintained by the Department of Health information about the number of confirmed cases of COVID-19 by week at the health district level, the number of confirmed cases by week and by age group at the health district level, and the percentage of cases by week that are known to be associated with a nursing home, assisted living facility, or correctional facility at the health district level.

§ 2. For the duration of the emergency declared by the Governor pursuant to §44-146.17 of the Code of Virginia in response to COVID-19, the Commissioner of Health shall develop and make available to the public on a website maintained by the Department of Health COVID-19 indicators with thresholds to include case incidence rate, percentage of polymerase chain reaction (PCR) tests that are positive, rate of COVID-like illness visits to emergency departments, rate of current confirmed COVID-19 intensive care unit hospitalizations, and percentage of hospital beds that are currently occupied.

SENATE BILL NO. 5090

Offered August 18, 2020
Prefiled August 18, 2020
A BILL to amend and reenact §§ 32.1-23 and 32.1-41 of the Code of Virginia, relating to Commissioner of Health; publication of information about certain communicable diseases; COVID-19 progress benchmarks; emergency.
Patron-- Dunnavant

Referred to Committee on Education and Health

Be it enacted by the General Assembly of Virginia:

1. That §§ 32.1-23 and 32.1-41 of the Code of Virginia are amended and reenacted as follows:

§ 32.1-23. Publication of information.

A. The Commissioner may provide for the publication and distribution of such information as may contribute to the preservation of the public health and the prevention of disease.

B. The Commissioner shall establish, maintain and publicize a toll-free number to provide resource and referral information on pharmaceutical companies' free and discount drug programs for persons who demonstrate financial hardship or otherwise meet program eligibility criteria. Such information shall include, but not be limited to, available drugs, participating pharmaceutical companies, and application procedures for each of the pharmaceutical companies and dispensing methods. Such information shall also include the locations of various Pharmacy Connect programs accessible by that person. The Commissioner may contract with one or more public or private organizations to administer this resource and referral program.

C. Upon the declaration of a public health emergency related to a communicable disease, the Commissioner shall make available to the public on a website maintained by the Department information about confirmed cases of the communicable disease among the total population of the Commonwealth and separate information about total confirmed cases of the communicable disease among the general population of the Commonwealth displayed in comparison to total confirmed cases of the communicable disease among persons living in confined spaces within the Commonwealth. For purposes of this subsection, "confined spaces" shall mean nursing homes, jails and prisons, and group homes. Additionally, the information related to persons living in confined spaces shall include separate information about total confirmed cases of the communicable disease in each type of confined space as defined in this subsection. The Commissioner shall also publish confirmed cases of the communicable disease by age group in increments of 10 years. The publication of information required by this subsection shall occur weekly throughout the declared public health emergency.

§ 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records.

The Commissioner or his designee shall preserve the anonymity of each patient and practitioner of the healing arts whose records are examined pursuant to § 32.1-40 except that the Commissioner, in his sole discretion, may divulge the identity of such patients and practitioners if pertinent to an investigation, research or study. Any person to whom such identities are divulged shall preserve their anonymity.

Nothing in this section shall prohibit the release of information regarding the number of confirmed cases of a communicable disease in nursing homes, jails and prisons, and group homes in the Commonwealth when a public health emergency related to such communicable disease has been declared, in accordance with subsection C of § 32.1-23.

2. That the Commissioner of Health shall develop and make available to the public on a website maintained by the Department of Health COVID-19 pandemic progress benchmarks that include progress benchmarks for percent positivity rates, percent ventilator utilization, percent intensive care unit utilization by COVID-19 patients, and other variables as deemed appropriate.

3. That an emergency exists and this act is in force from its passage.